1. Revocation of a judgment of the first instance;

2. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. Doese, 2015

1. Basic facts

A. On May 17, 2002, D completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

On May 18, 2015, the Plaintiff sold the instant apartment in this Court C real estate auction, and completed the registration of ownership transfer on the instant apartment.

B. On May 3, 2002, the defendant completed the move-in report for the apartment of this case to his domicile, and from that time, he resides in the apartment of this case from that time to that day of the closing of argument in this case.

Around June 16, 2011, the defendant was living in the apartment of this case as the sole householder after all of the families of D and D and their families left out.

On the other hand, E completed the move-in report to his domicile on January 24, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-7, Gap evidence 4-4, 5, 6, 7, 34, and 36, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The defendant's assertion is neither a family-friendly nor a genuine tenant, and therefore, the defendant cannot assert opposing power as a tenant. Therefore, the defendant should deliver the apartment of this case to the plaintiff, and pay the defendant's unjust enrichment equivalent to the rent by the date of delivery completion or the date of loss of the plaintiff's ownership. 2) The defendant's assertion that the defendant concluded a lease contract with the former owner D on May 3, 2002 and the part of the apartment of this case, which is a human relative, with the lease deposit amount of KRW 50 million, and around that time, the above lease deposit was paid and resided in the apartment of this case, while living together in the apartment of this case.

Since then, the defendant lent D KRW 50 million to D, and on November 20, 2004, on condition that the above loan amount of KRW 50 million should be appropriated as additional deposit, and the lease deposit was concluded with a small amount of KRW 100 million on condition that it should be added to the leased object.

On November 20, 2006, the defendant shall have three rooms on November 20, 2006, one small room, one middle room.